I’ve not heard about this for at least 3 years now and it’s reared it’s head again. I did nothing about it at the time as I was in a very bad place at the time.

So, if you look at the dates on it underneath the big red notice, is this Stat Barred or can be stopped and written off in any way please?

Any template letter I can use to send them on Monday to stop it?

What is the ‘Further Recovery Action’ that they mention?

Naturally I am not in a position to pay it, with being disabled, not working nor able to claim and out of work benefits, and also very very recently losing 3 close family members within the last 4 months!!

Very many thanks in advance.

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I would have thought it would be barred by the statute of limitations being over 10 years old, but I have seen letters before from councils for benefit overpayments and council tax arrears stating that the statute of limitations does not apply to them. Most debt collectors threaten to visit you i.e. bailiff at the door action but only ever ring and write to you. In your position I would initially try to slow things right down by replying by letter that I have no knowledge of this debt, saying that it appears to be barred by the statute of limitations, stating you a vulnerable household and asking for a breakdown of the debt and all of the paperwork they have in relation to this matter.

"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, you are no longer able to take any court action against me to recover the amount you allege I owe.

Please confirm in writing that you will not make any further contact about the above claim and confirm that this matter is now closed.

The above letter is intended for consumer credit debts which are statute barred after 6 years. The local authority is not regulated by the FCA, therefore the above reference to the Financial Conduct Authority's Consumer Credit sourcebook, would not apply. Benefit overpayments are not subject to limitation, they are still recoverable, however, in many cases, the authority is not able to produce evidence of the overpayment after so many years due to lack of records. I would say that they should ask for a statement from the council showing how the overpayment occurred.

Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.Knowledge is Power.

Also ask them if they are an agent for the creditor or if they have bought the debt.

The letter clearly says they are acting for the council. Although Newlins also act as enforcement agents, in this case, they are clearly acting just as debt collectors, so they have no powers to do anything.

Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.Knowledge is Power.

Also ask them if they are an agent for the creditor or if they have bought the debt.

The letter clearly says they are acting for the council. Although Newlins also act as enforcement agents, in this case, they are clearly acting just as debt collectors, so they have no powers to do anything.

Hi Michelle, We always ask this as standard for people we help as we have caught out several debt collectors who have initially claimed to be acting for the original creditor but several letters later we find they have actually purchased the debt. But yes I agree with you that in this case Newlines appea to just be acting as debt collectors for the council.

Also ask them if they are an agent for the creditor or if they have bought the debt.

The letter clearly says they are acting for the council. Although Newlins also act as enforcement agents, in this case, they are clearly acting just as debt collectors, so they have no powers to do anything.

Hi Michelle, We always ask this as standard for people we help as we have caught out several debt collectors who have initially claimed to be acting for the original creditor but several letters later we find they have actually purchased the debt. But yes I agree with you that in this case Newlines appea to just be acting as debt collectors for the council.

Who is "we"?

Dodgeball on committal for council tax being a coercive measure - "FMOTL nonsense". Discuss

Hi Guys, no I am not the Mark you are thinking of from you and your cash. The "we" I referred to was the trustees of our trust that currently help people in debt. We are a group of around 5-10 people that meet fortnightly in Wales. Several of us are part of other groups as well but as a trust we mainly now fight off debt collectors, banks and bailiffs for people using trusts and other tactics. I have been to white rabbit seminars in the past but do other things besides that like whistle blowing, exposing financial corruption, exposing fraud, being a human rights defender, challenging council tax and exposing the CAFR in the UK. I know a bit bailiff law and came here to read and learn from the more experienced among you after reading Jason's bailiff site but unfortunately am finding it hard not to offer advice to people asking for help as that’s what I do.

Hi Guys, no I am not the Mark you are thinking of from you and your cash. The "we" I referred to as the trustees of our trust that currently help people in debt.

I am a qualified estate planner and trusts draughtsman, and I don't normally draft trusts to help people in debt. By design, a trust is wealth retention.

Many people of wealth, especially large property and complex international estates are vulnerable to sideways disinheritance, whether that is divorce, business failure or other unexpected liability. The trust only ensures family property and assets are retained by the family line.

It wouldn't help anyone already in debt.

We are a group of around 5-10 people that meet fortnightly in Wales. Several of us are part of other groups as well but as a trust we mainly now fight off debt collectors, banks and bailiffs for people using trusts and other tactics.

Creating a retrospective trust to protect assets or property, won't work. The trust must be established before the liability has occurred.

I have been to white rabbit seminars

The expression "white rabbit" seminar really made me laugh!! I've never come across that before.

in the past but do other things besides that like whistle blowing, exposing financial corruption, exposing fraud, being a human rights defender, challenging council tax and exposing the CAFR in the UK. I know a bit bailiff law and came here to read and learn from the more experienced among you after reading Jason's bailiff site but unfortunately am finding it hard not to offer advice to people asking for help as that’s what I do.

Feel free to pass on the material. This board is established to provide free user-group help for people with bailiff related problems.

Not a solicitor. I am a paralegal for solicitors bringing proceedings against non-compliant enforcement action.

Hi Guys, no I am not the Mark you are thinking of from you and your cash. The "we" I referred to as the trustees of our trust that currently help people in debt.

I am a qualified estate planner and trusts draughtsman, and I don't normally draft trusts to help people in debt. By design, a trust is wealth retention.

Many people of wealth, especially large property and complex international estates are vulnerable to sideways disinheritance, whether that is divorce, business failure or other unexpected liability. The trust only ensures family property and assets are retained by the family line.

It wouldn't help anyone already in debt.

Most Creditors, debt collectors and bailiffs dont know much about trusts, we have never been asked for evidence when the trust was created.

We are a group of around 5-10 people that meet fortnightly in Wales. Several of us are part of other groups as well but as a trust we mainly now fight off debt collectors, banks and bailiffs for people using trusts and other tactics.

Creating a retrospective trust to protect assets or property, won't work. The trust must be established before the liability has occurred.

Can provide evidence of our letters via private message of having tens of thousands of pounds of debts written off using a trust.

I am mindful that this is Avicom's post and do not wish to hijack his post. I would agree with the last post, best to ignore the last letter off them they are information gathering and trying to get you to bite and contact them. Only contact them on your own terms, not on theirs.